Summary
Buying used cell phones can be an economical alternative, but it comes with legal and financial risks associated with acquiring stolen devices.
Buying used cell phones has become a popular and economical alternative in times of crisis. However, this practice involves a significant risk: the possibility of obtaining a stolen cell phone without knowing it. This situation can have serious legal implications.
Brazil has strict legislation regarding receiving stolen goods, as set out in Article 180 of the Penal Code. Even if the buyer is not aware of the illicit origin of the device, this can be considered a criminal offense. The law does not exempt from liability those who, through carelessness or negligence, do not take the appropriate precautions before making a purchase. This negligence can be demonstrated by purchasing a cell phone at a price much lower than the market price or without an invoice.
The penalty for those who unknowingly purchase a stolen cell phone can vary. If it is proven that the buyer acted without the intention of committing a crime, the penalty can be mitigated, but this does not mean that he or she is exempt from legal proceedings.
In these situations, the best solution is to immediately contact the authorities, return the device, and cooperate with the investigation. This demonstrates good faith and willingness to correct the error, which can positively influence the judgment of the case.
Checking the origin of the device before purchasing is essential to avoid such problems. You can consult the IMEI number, which uniquely identifies each mobile phone, to check if the device is blocked for theft. In addition, the obligation of the invoice guarantees that the mobile phone was purchased legally.
Consumers should be aware of the dangers of buying cell phones without due caution. In addition to the legal risk, there is also the possibility of financial loss, as if the phone is detected as stolen, it can be blocked, rendering it unusable. Therefore, even if the buyer does not face serious legal consequences, he or she may still lose the money invested in the device.
The reality is that the used cell phone market often serves as a channel for the resale of stolen devices, and those who purchase one of these products are, albeit indirectly, feeding a criminal chain. This reinforces the importance of purchasing cell phones from reliable sources and taking all possible measures to verify the legality of the transaction.
João Valença is a lawyer and co-founder of the VLV Advogados firm.
Source: Terra

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